In this episode, Diane and Maia start working at a new law firm. Maia's first assignment was to be assigned to a trade union legal aid service (pro bono service)▼
Pro bono service This refers to legal aid services. The word Pro bono comes from the Latin phrase Pro bono publico, which means "for the public good", generally abbreviated as Pro bono, which refers to public welfare, unpaid volunteer service, but it is different from the usual The volunteerism, Pro bono puts more emphasis on professionalism, which requires special skills to do, such as legal services. Beginning in 1983, the American Bar Association (ABA) has defined the legal aid service responsibilities of attorneys in the Model Rules of Professional Conduct (Rule 6.1). The ABA encourages practicing attorneys to provide at least 50 hours of legal aid services per year; the New York State Bar Association stipulates that, starting January 1, 2013, trainee attorneys must complete 50 hours of legal aid services before they can formally practice law. Pro bono is free, but not totally unrewarding. For the law firm, their reputation will be improved, they will attract outstanding law school graduates, and they will strengthen their relationship with business clients. The case in this episode is what Maia discovered from Pro bono. The law firm feels This small case can be developed into a class action lawsuit that can make a lot of money. For lawyers, not only can they improve their legal skills through legal aid, but Pro bono is also a factor that will be considered when promoting a partner. Diane was kicked out of the law firm, and her capital contribution was also withheld▼
Capital contribution The core management of the law firm generally has to make capital contributions, and if there is capital contribution, it will form an equity (Equity), which is an Equity Partner, and then there will be corresponding dividends. If you leave the law firm, you can withdraw your investment. In times of economic downturn, many law firms would delay in returning the subscription fee, and Diane's subscription fee was delayed here not because of the economy at all, but simply because her old law firm was a rogue. On the way to legal aid between Maia and Lucca, Julius said that if workers want to sue, they can go to Prairie State▼
Prairie State is not a legal term. Prairie State is an alias for the state of Illinois. It refers to the government department here, which means that the procuratorate will file a lawsuit. The first thing Diane did at work was to pick a case, and Adrian asked her to have a meeting with Litigation Financier▼
Litigation Financier Litigation Investors Litigation Investors, as the name suggests, are the financiers who support the cost of the case. There are many reasons for introducing litigation investors into a case. For example, a company has been wronged in an event, but has no money to hire a good lawyer; or a company has been involved in a lawsuit for many years, due to changes in circumstances or litigation fatigue , do not want to bear the uncertainty and costs of litigation; or a lawyer has a bunch of winning cases, but has no money to carry out litigation; and some companies just want to offset part or all of the litigation costs to offset the litigation risk, or use business claims to raise capital for the company, thereby avoiding dilution of equity or incurring onerous debt. Due to the time capacity of TV dramas, it seems that the process of deciding whether to invest or not seems to be very fast, but in reality, this process takes a long time. Generally, after preliminary discussion (1-7 days), strict evaluation (30-90 days), documents Signing (5-10 days) and other stages can be fully implemented. In the play, two handsome representatives of litigation investors are picking a case. Adrian introduces them to the situation of the case and makes an offer ▼
And these situations become parameters in the hands of litigation investors, which are input into the preset computer model, and the result calculated according to the model is - no investment! It didn't take a minute to decide ▼
In other words, Americans really love to use models. No matter what they do, they must simulate the results in the model. However, sometimes the model algorithm cannot take into account all factors, so Adrian would like to persuade the two investors for this reason ▼
While conducting legal aid, Maia encountered a case that needed arbitration ▼
Arbitration is a method of resolving disputes that is different from mandatory arbitration such as litigation. Both parties voluntarily let an arbitrator make judgments. The arbitral tribunal is a civil society in nature. In the United States, arbitration is mostly used to resolve commercial and employment disputes. The play mentioned some characteristics of arbitration that are different from litigation. The process is similar to a court trial, but the result cannot be appealed ▼
Of course, Maia lost in the arbitral tribunal, but Lucca saw the loopholes in the case and reminded Maia to use false imprisonment as a reason. When Lucca pointed out that the key point is that this arbitration agreement cannot control "unlawful imprisonment", so let's see you in court ▼
Originally, the senior management of the law firm did not agree to take this case, thinking that it was too small and not profitable, but during the investigation, Lucca found that it could be bigger and turn a small case of one person into a class action ▼
Class action is also called class suit or representative action, that is, a class action, which means that the parties are a group of people rather than one person. This group of people has basically the same appeal. The lawyer chooses a typical representative among them to appear in court. The advantage of a class action is that The odds are greater. If you win, the compensation for the entire group will be more, which means a profit for the law firm. So the top of the law firm agreed to take the case ▼
Adrian went to investors to get investment. It was very interesting here. He said an F* word and scared the handsome blond guy. ▼
Then the two handsome guys exchanged a very loving look ▼ So, I think the two of them are not only partners, but also a couple, do you think so?
Anyway, back to the legal issue, Maia was assigned to be the second chair for the first case at work ▼
Second chair second attorney; assistant attorney. Refers to lawyers who help lead attorneys question witnesses, debate certain legal points to the court, and handle voir dire of candidate jurors, making opening statements, and summarizing court arguments. For inexperienced novice lawyers, the job level from low to high is generally: Support (finding materials and the like), Team member (participating in a case but generally not sitting on the lawyer's desk), Second chair First chair ( Also called the trial guy, or being mocked as the talking head, he is the marshal-level lawyer of the case, who is in charge of the entire case.) It is rare for Maia to sit on the second chair of a large class action lawsuit on the first day, and the protagonist has a halo flash. The person can't open her eyes~ So she looks very flattered here. It's a lawsuit! The first step in court, Adrian wanted to change a judge who might be unfavorable to the verdict. He applied for the old grandfather to recuse himself from the case (recuse himself)▼
Recusal recusal means that a judge voluntarily waives the hearing of a case. There are two ways to propose a Recusal. One is that one party to the case submits a formal motion or an informal reminder with reasons for withdrawal; the other is that the judge voluntarily withdraws (sua sponte) without filing an application. There are many reasons for the recusal, such as a financial conflict of interest with the case (in this episode Adrian raised the judge's recusal for this reason); or lawyers, witnesses, etc. know the judge privately; or the judge himself may not be able to do a fair trial , for example, if he/she himself lost a family member in a car accident, then for the case of death caused by the car accident, he/she is afraid that he/she will be involved in his/her feelings and affect the fair trial, so the judge will refrain from the trial; A judge was just a prosecutor or a lawyer before he became a judge, and he followed the case at that time, so he has to withdraw after becoming a judge; there may also be some personal reasons... If the judge refuses to withdraw, the parties can file a motion to replace one new judge. Of course, if a judge knows he should recuse himself and does not recuse himself, the losing party can apply for an appeal on this ground. Above, this is the legal knowledge of the second episode of "The Battle of the Bone"~ For the guide of the first episode , click here for the third episode . Episode 7 goes fast
Episode 8 Split
Episode 9 Self-Incrimination
The Tenth Season Finale Suspense
Reference en.wikipedia.org/wiki/Pro_bono probonochina.com/index.php?m=content&c=index&a=show&catid=94&id=63 abovethelaw.com/2014/11/lake-whillans-litigation-finance-how-to- secure-financing-for-a-commercial-claim /? rf = 1 en.wikipedia.org/wiki/Arbitration en.wikipedia.org/wiki/Class_action baike.baidu.com/link?url=hvLRo0fOZTHbtCF_yr-MZRyTAJ5Cd7x_mYkjxXfWBpPzrQWaIyYcSer8MLEcLQxKKM3Oh8M54XO7b8xyuw6GFtJy1HR9Dm7pJd7qB0RV43Cr-uEqSd1- tw2Qn5E3hxd8 abovethelaw.com/2014/08/beyond-biglaw-warming-the-chair-part-1/?rf=1 rotlaw.com/legal-library/what-is-recusal-what-does-it-mean-for -a-judge-to-recuse-herself/
View more about The Good Fight reviews
